Terms of Trade: PSBs Comparison

5 years from full delivery + acceptance

Subject to reduction if additional iPlayer packages are picked up by the BBC.

Extension: 2 years at 2%

Advance against further packages - see further uses below.

Exercisable by BBC no later than 6 months before the end of the initial Licence Period, by written notice and payment of the Additional Licence Fee before the last day of the initial Licence Period.

5 years from later of first use of last episode of the programme:

(i) in a one-off series on any of the ITV services; or

(ii) in the last commissioned series of any returning series (“Returning Series Licence Period”)

subject to a long stop date of 12 months from the date of ITV’s acceptance of all required deliverables for the programme if first use has not taken place during that period.

With respect to each individual series of the programme:

- the 5-year period commencing from first use of the last episode is referred to as the “First Use Period”;

- the 2-year period from expiry of the First Use
Period until expiry of the Returning Series Licence
Period shall be referred to as the “Further Use
Period.”

Extension: 2 years at 2.5% for one-off programmes and last of a returning series (exercisable by ITV at any time up to 6 months prior to the expiry of the Initial Licence Period, by payment of the Extension Fee).

Scripted Programme Use
Producer is entitled to receive 1% of the licence fee from ITV if it wishes to use a scripted programme on its secondary services (save for on demand) during the First Use Period.

Exclusivity

ITV has exclusivity in programme in territory in all media for a period of:

- 18 months for non-scripted one-off programmes (“Reduced Exclusivity Programmes”);

- 30-months for other programming, commencing on first use of the programme (“Full Exclusivity Programmes”),

(the “Initial Exclusivity Period”).

The Initial Exclusivity Period may be extended by ITV within 6 months prior to its expiry on the following basis:

- Reduced Exclusivity Programmes: 42 months at 3.5% of the licence fee;

- Full Exclusivity Programmes: 30 months at 2.5% of the licence fee.

3 years from first use of last episode

If recommissioned, all series
co-terminate with final series

Exclusivity: 12months from first use of last episode. If recommissioned, the later of 12months from first use of last episode and 30 days from first use of last episode of the subsequent series.

Exclusivity Extension: 2 years at 2% 

Exercisable twice max., unless a final returning series, therefore only
exercisable once.

Exercisable by C4 via notification up to 6 months prior to the expiry of the current exclusive period. Licence Period extended by exclusivity extensions as necessary.

3 years from earlier of first linear/streaming exhibition or Delivery (Package P0)

Extension (Package E0): 2 years at 2.4% (Basic) or 2.7% (Enhanced, first ELP only). Max. 5 years total for one-offs/decommissioned
series. Exercisable by 5 before last 6 months of active licence period.

Two of the following:

BBC1 – 1 TX

BBC2 – 2 TX 

BBC3 – 24 months iPlayer, 18 months unlimited TXs on BBC3, 18 TXs for remainder of LP.

BBC4 – 15 TX days

BBC2W/BBC2NI - Unlimited

BBC1/2 on Daytime (Daytime commission) – 3 TX

BBC1/2 on Daytime (peaktime commission) – 4 TX

BBC1/2 (children’s commission) – 3 TX

CBBC/CBeebies – 20 TX days

(ToT Clause 15)

Rights licensed to ITV for unlimited use on any ITV service in the territory during the term.

N/A. However, Channel 4 to pay for any clearances above and beyond 2 TX and ‘standard’ catch-up.

20 Playweeks (10 may be peak-time) on Main Channel, 5 Secondary Services and 5 Group Services, plus unlimited AVOD/BVOD/FVOD/FAST (Package P0).

Linear Utility Boost (P1) - additional 10 Playweeks (5 peak) at 1.0% during PLP.

Group Sublicence Free/Basic Streaming (P2) - e.g. Pluto TV at 1.0% during PLP.

Group Sublicence Subscription Streaming (P3) - e.g. Paramount+ at 3.0% during PLP.

2% per package or,

1% for 9 TXs on BBC3 (a further BBC2 package would only be one TX)

Further iPlayer packages:

12m exclusive – 2% (LP reduced by 12m)

12m non-exclusive – 1% (LP reduced by 4m)

(LP reductions are 6m for BBC3 productions)

Further Use Period

ITV shall pay producer 1% of the licence fee following commencement of the Further Use Period.

Until expiry of the Licence Period, ITV may on a rolling basis extend the Further Use Period by further two-year periods on payment of 1% of the licence fee.

N/A.

Extension Period (E0): 16 Playweeks (8 peak) @ 2.4% Basic or 2.7% Enhanced (first ELP only, includes 2yr Free Exclusivity).

E1 Linear Utility Boost (Extended LP) - 8 Playweeks (4 peak) @ 1.0%.

E2 Group Sublicence Free/Basic (Extended LP) - @ 1.0% (requires P2 + E0).

E3 Group Sublicence Subscription (Extended LP) - @ 2.0% (requires P3 + E0).

Earlier of (a) 9 months from first TX of last ep, (b) 9 months first exploitation of last ep on BBC3, or (c) 12 months from delivery + acceptance.

Negotiation period
Earlier of (a) 12 months from first TX of last ep, (b) 12 months first exploitation of last ep on BBC3, or (c) 18 months from delivery + acceptance.

Earlier of (a) 12 months from TX last ep, or (b) 13 months from acceptance of last ep.

Six months from first use of last episode.

Exclusive negotiation period for the duration of the later of; i) 12 months from first use of last episode; and ii) 3 months from receipt of full budget from producers.

If no agreement, producer can exploit the format inc. further programmes from 24 months from first use of last episode.

If Channel 4 does not recommission, producer can exploit the format including further programmes from 12 months from first use of last episode

Returning Series
Further series commissioned by 5 within 12 months of first TX of last episode. 5 has first negotiation right and last matching right to retain exclusivity for subsequent Extended Licence Periods after PLP plus first ELP (i.e. 5 years).

UK Holdback Singles (BBC 1 + BBC 2)
6 months from first TX last ep.

UK Holdback for All Series/BBC4/BBC3
18 months from first TX of last ep.

BBC3 - 0.5% due if producer requests release at 18m and BBC wants to retain exclusivity to 24m

CBBC and CBeebies
5 years (clause 4.4 of release policy sets out provisions for early release specific to kids TV)

Programme Format

• If ITV wishes to recommission but parties are unable to agree financial or other terms: 24 months from earlier of (I) date of first use of last episode, or (ii) 25 months from date of ITV’s acceptance of the last episode.
• If ITV does not wish to recommission: 12 months from earlier of (I) date of first use of last episode, or (ii) 13 months from date of acceptance by ITV of the last episode.

Exclusivity
ITV has exclusivity in programme in territory in all media for a period of:

• 18 months for non-scripted one-off programmes ('Reduced Exclusivity Programmes');
• 30-months for other programming, commencing on first use of the programme ('Full Exclusivity Programmes'),

The 'Initial Exclusivity Period'
The Initial Exclusivity Period may be extended by ITV within 6 months prior to its expiry on the following basis:

• Reduced Exclusivity Programmes: 42 months at 3.5% of the licence fee;
• Full Exclusivity Programmes: 30 months at 2.5% of the licence fee.

UK
Subject to Channel 4 exclusivity extensions

Ex-UK/Eire
After first use of each episode (deemed to have occurred 12 months from full delivery)

One-Offs UK
As per Rights Package (clause 3.1).

ROI and ROW
Day 1 following first TX per episode (long stop: earlier of 5’s first TX, 5’s first scheduled TX, or 6 months from Delivery). 5 retains non-exclusive ROI rights.

Clips
Day 1 following first TX per episode.

Initial
BBC is granted exclusive 12-month iPlayer rights. Two months for BBC3.

Sales are subject to the above holdbacks and secondary VOD licences granted to third parties are expected to be for periods of 6-12 months (Release Policy clause 3.6).

Split
80/20 in producer’s favour during Licence Period in UK, 90/10 thereafter and throughout the term ex-UK.

N/a.  

UK/Eire
Channel 4 to exploit as it sees fit, subject to limitations in respect of third party platforms (programme/series must form part of a minimum 500 hour package where a third party pays a licence fee, Channel 4 branding and producers credits to remain, programme cannot be repurposed, cannot be to another UK broadcaster’s linear service).

Ex-UK/Eire
Producer to exploit as it sees fit.

Split
Channel 4 retains all revenues from Channel 4’s usage in the UK/Eire.

Producer retains all revenues from exploitation outside the UK/Eire.

Producer shares revenue 50/50 with Channel 4 in the UK/Eire during the Licence Period, except for single programme and single series for which the share shall be 65/35 in producer’s favour.

VOD Licence Period
Concurrent with the Licence Period (PLP and any Extended LP). Unlimited AVOD (incl. BVOD), FVOD and FAST included in Package P0. SVOD/TVOD/EST/DTO excluded from P0.

UK Holdbacks
As per Rights Package (clause 3.1). Free Exclusivity: 3 years from start of PLP. Premium Exclusivity: 2 years (if Producer Deficit Funding Threshold not reached) or 1 year (if threshold reached).

ROI & ROW Holdbacks
Day 1 following first TX per episode.

VOD Revenue Split (During PLP)
UK TV Rights exploitation and Approved UK VOD: 50/50. All other Non-Primary Rights (UK): 85/15 in favour of Producer. Outside PLP: no 5 participation.

FAST
Unlimited runs on 5 Secondary Service and/or 5 Group Service FAST Channels in Territory during Licence Period (included in P0).

Exclusive to producer.

Exploitable 1 day from first BBC TX (or BBC3 exploitation) in the UK

Exploitable the earlier of 1 day from first BBC TX (or BBC3 exploitation), or 6 months from delivery + acceptance, outside the UK.

Split
80/20 in producer’s favour during Licence Period in UK, 90/10 thereafter.

90/10 in producer’s favour throughout the term ex-UK.

Producer can exploit DTO following the 30-day period after first ITV linear transmission (excluding FAST channels) of an episode.

Split
During the term in the territory 80/20 in favour of producer, uplifting to 90/10 in favour of producer post-term worldwide.

Box Set
Can be exploited as 'box set' day after first TX of final episode, or 30 days from first TX for More4.

Single episodes - 6 months after first TX.

Single programmes - 30 days after first TX.

Split
85/15 in favour of producer in UK/Eire during Licence Period only.

Exclusive to producer.

SVOD/TVOD/EST/DTO excluded from all Packages during the Licence Period. Producer may exploit from Day 1 following first TX (per clause 3.2 holdback).

Split
85/15 in favour of producer.

Negotiable, however note that the BBC publishes a tariff range of indicative prices for the supply of commissioned television programmes.

Payable either on delivery and acceptance or at the following stages (unless the nature of the programme or production schedule makes these stages as inappropriate):

(a) receipt of signed agreement;
(b) day 1 pre-production;
(c) commencement of principle photography;
(d) mid-point of filming/ viewing of rushes;
(e) First day of edit;
(f) approval of rough cut;
(g) approval fine cut ep 1;
(h) tape delivery acceptance;
(i) paper delivery acceptance.

% of funding payable at each stage
Entertainment: 15/10/25/20/10/(N/A)/10/5/5
Drama: 5/10/20/25/25/(N/A)/5/5/5
Factual: 15/10/25/(N/A)/20/10/10/5/5

100% on delivery, subject to ITV retaining a 5% share until its receipt of all delivery materials.

Payment Schedule

(a) 20% on later of signature and start of pre-production;

(b) 40% first day principal photography;

(c) 30% last day principal photography;

(d) 5% on Technical Acceptance;

(e) provided (d) has been satisfied, 5% on delivery.

(With the agreement of Channel 4, the payment schedule may be amended to take into account differing cashflow requirements).

Payment Schedule

(a) 25% on signature of this Agreement;

(b) 30% on commencement of filming;

(c) 25% on commencement of post-production;

(d) 15% on acceptance of delivery of all technical material;

(e) 5% on Delivery.

For fees above £1m or where 5 pays cost of money, schedule to be agreed but 5 holdback capped at 15% (tech delivery) + 5% (paperwork delivery). Invoices via SWIM portal.

DTO/VOD
75/25 in producer’s favour in the UK during Licence Period (if early release granted in respect of VOD),

85/15 in the producer’s favour in the UK after the Licence Period, or

85/15 in the producer’s favour outside the UK.

General
80/20 in producer’s favour during Licence Period in UK, 90/10 thereafter.

90/10 in producer’s favour throughout the term ex-UK.

BBC Funded Non-TX Pilot
Where the BBC has funded £300k or more for a non-TX pilot and there is no investment via the Producer, then the BBC’s net = 20%.

DTO/VOD/Secondary Broadcast Rights
During the term in the territory 80/20 in favour of producer, uplifting to 90/10 in favour of producer post-term worldwide.

General
80/20 during Licence Period in the territory, 90/10 thereafter and/or outside the territory.

Unique percentages for new indies. See full terms for details.

DTO
85/15 in favour of producer in UK/Eire during Licence Period only

Channel 4 retains all revenues from Channel 4’s usage in the UK/Eire.

Producer retains all revenues from exploitation outside the UK/Eire.

Producer shares revenue 50/50 with Channel 4 in the Territory during the licence periods, except for single programme and single series for which the share shall be 65/35 in the producer’s favour.

DTO/VOD
85/15 in favour of producer (SVOD/TVOD/EST/DTO excluded from 5 packages; producer exploits independently).

UK TV Rights/Approved VOD (PLP, Producer Exploits)
50/50. All other Non-Primary Rights (UK, PLP): 85/15 producer.

UK Clips (PLP): 50/50.

Outside PLP: no 5 participation in any territory.